Gregory Harvey v. David Harder

September 17, 2012

GREGORY HARVEY, PLAINTIFF,v.DAVID HARDER, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Thomas J. McAvoy, Sr. U.S. District Judge

DECISION & ORDER

This pro se civil rights action pursuant to 42 U.S.C. § 1983 was referred to the Hon. Andrew T. Baxter, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c).

The Report-Recommendation dated July 31, 2012 recommended that: (1) Defendants' motion for summary judgment be granted, and Plaintiff's amended complaint be dismissed on its merits in its entirety against all Defendants; and (2) Plaintiff's request to amend his amended complaint to remove defendant Jon Gillette and add defendant Edward Cermak be denied as moot.

Plaintiff filed timely objections to the Report-Recommendation, essentially raising the same arguments presented to the Magistrate Judge.

When objections to a magistrate judge's Report-Recommendation are lodged, the Court makes a "de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." See 28 U.S.C. § 636(b)(1). After such a review, the Court may "accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. The judge may also receive further evidence or recommit the matter to the magistrate judge with instructions." Id.

Having reviewed the record de novo and having considered the issues raised in the Plaintiff's objections, this Court has determined to accept and adopt the recommendation of Magistrate Judge Baxter for the reasons stated in the Report-Recommendation.

It is therefore

ORDERED that Defendants' motion for summary judgment be GRANTED, and Plaintiff's Amended Complaint be DISMISSED; and it is further

ORDERED that Plaintiff's request to amend his amended complaint to remove defendant Jon Gillette and add defendant Edward Cermak is DENIED as moot.

Our website includes the first part of the main text of the court's opinion.
To read the entire case, you must purchase the decision for download. With purchase,
you also receive any available docket numbers, case citations or footnotes, dissents
and concurrences that accompany the decision.
Docket numbers and/or citations allow you to research a case further or to use a case in a
legal proceeding. Footnotes (if any) include details of the court's decision. If the document contains a simple affirmation or denial without discussion,
there may not be additional text.

Buy This Entire Record For
$7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.